Telangana Congress opts for legal recourse for implementing 42 percent reservation of backward classes

Hyderabad: A legal experts committee is formed by Telangana Congress to address the impasse surrounding the implementation of 42 percent reservation for Backward Classes in Telangana.

The decision was taken in the political affairs committee meeting at Gandhi Bhavan on Saturday night.

The committee has been tasked with submitting a report by August 28 on the legal viability of the government's next steps, as a High Court directive mandates that local body elections must be held by September 30.

Background of the 42 percent reservation bill

Election Promise: The Congress party, ahead of the 2023 Telangana Assembly elections, made a significant promise to conduct a caste survey and increase reservations for BCs in proportion to their population. This was a core component of their "BC Declaration."

Survey Implementation: After coming to power, the government, led by Chief Minister Revanth Reddy, initiated the "Telangana Social Educational Employment Economic Caste Survey (SEEEPC)." The survey, conducted between November and December 2024, aimed to gather comprehensive data on the socio-economic, educational, and political status of all castes in the state.

Survey Findings: The results of the survey, released in early 2025, revealed that Backward Classes (including BC Muslims) constitute 56.33% of Telangana's population. This empirical data became the basis for the government's proposal to increase reservations from the existing 29% to 42%.

Legislative Action and the Legal Impasse

Passing the Bills: Based on the survey findings, the Telangana Legislative Assembly passed two separate bills in March 2025

One to provide 42% reservation for BCs in local bodies.

Another to provide 42% reservation in education and employment. These bills were passed with broad support from all political parties in the Assembly.

The 50% Cap: A major legal hurdle is the Supreme Court's long-standing precedent that total reservations should not exceed 50%. The proposed 42% for BCs, when combined with existing quotas for Scheduled Castes (SCs) and Scheduled Tribes (STs), would push the total reservation in Telangana well above this limit. The government argues that the empirical data from the caste survey justifies exceeding this cap under "extraordinary circumstances," a condition sometimes permitted by the courts.

Ordinance and Bill Pending with the President: To facilitate the implementation of the new reservation policy for local body elections, the government also issued an ordinance. The reservation bills themselves were sent by the state Governor to the President of India for assent. The current delay in receiving presidential approval is a major source of political tension.

The Current Situation and Future Steps

High Court Directive: The Telangana High Court has directed the state government to conduct local body elections by September 30. This deadline adds urgency to the matter, as the government is caught between its promise of 42% reservations and the legal requirement to hold elections.

Political Stand-off: The Congress government has accused the central government of deliberately delaying the approval of the bills. They see this as a political move that harms the interests of the BC community.

Legal Experts Committee: This committee s expected to provide a legal roadmap for the government to either implement the 42% reservation on its own or find a different solution, all while adhering to the High Court's election deadline. This committee will advise on the best course of action to ensure justice for the BCs while navigating the complex legal landscape.

"At the level of the President, a deliberate delay is taking place," said deputy chief minister Bhatti Vikramarka highlighting the challenge faced by the government.